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growing marijuana in nsw

A bill to decriminalise the possession and use of cannabis for medical purposes is currently before the New South Wales Parliament.

It is a defence to a charge of cultivating a prohibited plant if the accused did not know or suspect and could not reasonably be expected to have known or suspected that the plant was a prohibited plant.

The New South Wales government has established the Medicinal Cannabis Compassionate Use Scheme, which provides guidelines for the police to use their discretion not to lay charges against persons with terminal illness or their carers for possession of cannabis. The scheme does not provide or endorse the use of cannabis that is not lawfully prescribed.

Medicinal Cannabis Compassionate Use Scheme

A person who is over 18 and has a terminal illness can register for the scheme with verification by a medical practitioner that they have a terminal illness as defined under the scheme. They may nominate up to three persons as carers.

A range of medical conditions, including epilepsy, MS, HIV and chronic pain, can be treated with medicinal products made from cannabis plant.

The offence of cultivating cannabis

When a person grows cannabis otherwise than under the federal licensing scheme, he or she commits an offence. In New South Wales it is an offence to cultivate, supply or knowingly take part in the cultivation or supply of a prohibited plant (Section 23, Drug Misuse and Trafficking Act).

Patients wishing to be prescribed cannabis products must obtain a prescription from a doctor who is authorised to prescribe the product. Doctors can apply to the NSW Health Department for this authority.

Growing marijuana in nsw

An issue for our client was that there were a number of people to whom the drugs were to be distributed upon entry to the festival, and she made admissions to police that she intended to supply the tablets to these people.

Our client was a 30 year old Italian male who was observed selling capsules at the AVICII concert in Centennial Parklands.

In Campbelltown Local Court, Sydney Criminal Lawyers® successfully obtained bail for a 23 year old ‘repeat offender’ who was advised by his former solicitors and barrister that he had no chance of getting bail.

He was caught with 4 pills containing ecstasy and 9 pills containing amphetamines.

Experienced in Drug CasesExperienced in Drug Cases

Despite the prosecution having a strong case for ‘actual supply,’ our expert criminal lawyers were able to persuade the prosecution to amend the facts so that she was charged with ‘deemed supply,’ which is a much less serious charge that carries lesser penalties.

The captain and officers were all convicted at trial. They were represented by other lawyers.

Our clients came from all walks of life and held jobs in various fields.

Outstanding Track RecordOutstanding Track Record

Our client was then charged with three counts of drug possession in respect of the substances. Given the state of the evidence and our client’s admissions, and after some alterations were agreed by the prosecution to the ‘full facts’, pleas of guilty were entered to the charges.